Madhya Pradesh High Court

Mrs. Ritu Kaushal vs The State Of Madhya Pradesh on 2 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                ON THE 2 nd OF MAY, 2024
                                            WRIT PETITION No. 7218 of 2023

                         BETWEEN:-
                         MRS. RITU KAUSHAL W/O SHRI MANISH KAUSHAL,
                         AGED ABOUT 40 YEARS, OCCUPATION: UNEMPLOYED
                         VILLAGE BUDHI BARLAI (KSHIPRA), TEHSIL SANWER,
                         DISTRICT INDORE (MADHYA PRADESH)

                                                                                       .....PETITIONER
                         (BY SHRI L. C. PATNE-ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH SECRETARY
                               DEPARTMENT OF SCHOOL EDUCATION VALLABH
                               BHAWAN MANTRALAYA, BHOPAL (MADHYA
                               PRADESH)

                         2.    THE COMMISSIONER OF PUBLIC INSTRUCTIONS
                               DIRECTOR OF PUBLIC INSTRUCTIONS, GAUTAM
                               NAGAR, NEAR CHETAK BRIDGE BHOPAL
                               (MADHYA PRADESH)

                         3.    THE DISTRICT EDUCATION OFFICER DISTRICT
                               INDORE (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                         ( BY SHRI SUDHANSHU VYAS-ADVOCATE)

                               T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
                                                            ORDER

The petitioner has filed the present Writ Petition challenging the order dated 24.02.2023 whereby an application for compassionate appointment to the post of Prayogshala Shikshak has been rejected for want of qualification to the

said post.

2. Husband of the petitioner i.e. Late Manish Kaushal died on 14.04.2021 while working as Primary Teacher in Government High School Hatuniya, District Indore. The petitioner submitted an application for grant of compassionate appointment under the ' Mukhya Mantri Covid-19 Anukampa Niyukti Yojana' circulated through Circular dated 28.05.2021. According to the petitioner, the post of Prayogshala Shikshak was lying vacant when the the Circular dated 01.02.2021 was in operation. The petitioner was not having Higher Secondary Certificate Examination with Biology Subject but she submitted representation that she will acquire the requisite qualification within

three years from the date of appointment. The petitioner was permitted to acquire and she passed the Higher Secondary Certificate Examination more than 50% of marks with Biology Subject and again submitted an application on 04.05.2022. Now the respondents have rejected the representation of the petitioner on the ground that by way of subsequent amendment in the Recruitment Rules w.e.f.01.12.2022, the petitioner does not fulfil the requisite qualification on the post of Prayogshala Shikshak, hence, present Writ Petition before this Court.

3. According to the petitioner, Policy and Recruitment Rules applicable at the time of death are liable to be considered for grant of compassionate appointment. Subsequent amendment in the Rules will not apply. The similar issue came up for consideration before this Court in Writ Petition No. 3211/2024 (Smt. Hemlata Pathak Vs. State of M.P. and others decided on 16.04.2024) and Writ Petition No.4685/2023 (Poornendra Pratap Singh Vs. State of M.P. and others decided on 10.04.2023). In case of Poornendra Pratap (supra) has held that in Recruitment Rules, 2018 Schedule-3 for the

post of Prayogshala Shikshak there was no requirement for passing the eligibility test for grant of compassionate appointment said condition is relaxed vide Circular dated 01.02.2021 issued by Education Department. In case of Smt. Hemlata Pathak (supra), this Court has considered letter dated 14.03.2024 issued by the Commissioner, Public Education Department, Bhopal whereby all the District Education Officers have been directed to comply the amended Gazette dated 01.02.2021 while granting the compassionate appointment. Since the husband of the petitioner died on 14.04.2021, therefore, the amendment brought in the Recruitment Rules w.e.f. 01.12.2022 will not apply. The Government Advocate is not disputing the judgment passed in case of Poornendra Pratap and Smt. Hemlata Pathak (supra).

4. In view of above, order dated 24.02.2023 is quashed. The petitioner be issued appointment order.

Writ Petition is allowed and disposed of.

(VIVEK RUSIA) JUDGE Praveen